HOW A PERSON WHO IS ASCRIBED TO THE LATIN
CHURCH OR ANOTHER RITUAL CHURCH "SUI IURIS" MAY TRANSFER

Charles Wilson

(A
question was asked about how a person is ascribed to the Latin Church or another
Ritual Church sui iuris and how one may transfer. It is a very complicated
question and the variances of individual cases will be so wide as to preclude a
simple and brief answer. There is an old adage: "Give me the facts and I
will give you the law." That is about the best we could do without all the
facts of an individual case. Nevertheless the common laws of the autonomous
Churches (Latin and Eastern) is given here.)

The Code of Canon Law (Latin Church) makes the following provisions in these
two canons:

Canon 111—1. A child of parents who belong to the Latin Church is ascribed
to it by reception of baptism, or, if one or the other parent does not belong to
the Latin Church and both parents agree in choosing that the child be baptized
in the Latin Church, the child is ascribed to it by reception of baptism; but,
if the agreement is lacking, the child is ascribed to the Ritual Church to which
the father belongs.

2. Anyone to be baptized who has completed the fourteenth year of age can
freely choose to be baptized in the Latin Church or in another Ritual Church sui
iuris, and in this case the person belongs to that Church which is chosen.

Canon 112—1. After the reception of baptism, the following are enrolled in
another Ritual Church sui iuris:

(1) one who has obtained permission from the Apostolic See;

(2) a spouse who declares at the time of marriage or during marriage that he
or she is transferring to the Ritual Church sui iuris of the other spouse; but
when the marriage has ended, that person can freely return to the Latin Church;

(3) children of those in nn. 1 and 2 under fourteen complete years of age;
and similarly children of a Catholic party in a mixed marriage who legitimately
transferred to another Ritual Church. But, when such persons reach fourteen
complete years of age, they may return to the Latin Church.

2. The custom, however prolonged, of receiving the sacraments according to
the rite of another Ritual Church sui iuris, does not carry with it enrollment
in that Church.

The Code of Canons of the Eastern Churches on the other hand declares the
following:

Canon 29—1. By virtue of baptism, a child who has not yet completed his
fourteenth year of age is enrolled in the Church sui iuris of the Catholic
father; or the Church sui iuris of the mother if only the mother is Catholic or
if both parents by agreement freely request it, with due regard for particular
law established by the Apostolic See.

2. If the child who has not yet completed his fourteenth year is:

(1) born of an unwed mother, he is enrolled in the Church sui iuris to which
the mother belongs;

(2) born of unknown parents, he is to be enrolled in the Church sui iuris of
those in whose care he has been legitimately committed are enrolled; if it is a
case of an adoptive father and mother, 1 should be applied;

(3) born of non-baptized parents, the child is to be a member of the Church
sui iuris of the one who is responsible for his education in the Catholic faith.

Canon 30—Anyone to be baptized who has completed the fourteenth year of age
can freely select any Church sui iuris in which he or she then is enrolled by
virtue of baptism received in that same Church, with due regard for particular
law established by the Apostolic See.

Canon 31—No one can presume in any way to induce the Christian faithful to
transfer to another Church sui iuris.

Canon 32—1. No one can validly transfer to another Church sui iuris without
the consent of the Apostolic See.

2. In the case of Christian faithful of an eparchy of a certain Church sui
iuris who petition to transfer to another Church sui iuris which has its own
eparchy in the same territory, this consent of the Apostolic See is presumed,
provided that the eparchial bishops of both eparchies consent to the transfer in
writing.

Canon 33—A wife is at liberty to transfer to the Church of the husband at
the celebration of or during the marriage; when the marriage has ended, she can
freely return to the original Church sui iuris.

Canon 34—If the parents, or the Catholic spouse in the case of a mixed
marriage, transfer to another Church sui iuris, children under fourteen years
old by the law itself are enrolled in the same Church; if in a marriage of
Catholics only one parent transfers to another Church sui iuris, the children
transfer only if both parents consent. Upon completion of the fourteenth year of
age, the children can return to the original Church sui iuris.

Canon 35—Baptized non-Catholics coming into full communion with the
Catholic Church should retain and practice their own rite everywhere in the
world and should observe it as much as humanly possible. Thus, they are to be
enrolled in the Church sui iuris of the same rite with due regard for the right
of approaching the Apostolic See in special cases of persons, communities or
regions.

Canon 36—The transfer to another Church sui iuris takes effect at the
moment a declaration is made before the local hierarch or the proper pastor of
the same Church or a priest delegated by either of them and two witnesses,
unless the rescript of the Apostolic See provides otherwise.

Canon 37—Every enrollment in a certain Church sui iuris or transfer to
another Church sui iuris should be recorded in the baptismal register of the
parish where the baptism was celebrated, even, as the case may be, in a Latin
parish; if this cannot be done, it is to be kept by the proper pastor in another
document in the archive of the parish of the Church sui iuris of enrollment.

Canon 38—Christian faithful of Eastern Churches even if committed to the
care of a hierarch or pastor of another Church sui iuris, nevertheless remain
enrolled in their own Church.